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• <br />C: <br />§ 146.64 <br />(d) The owner or operator shall demonstratt to <br />the satisfaction of the Director Thal: <br />(I) The confining zone is separated from the <br />base of the lowermost USDW by m bast one se- <br />quence of pemreable and less pertnrable simm chat <br />will provide an added layer of protenion (or the <br />USDW to the event of fluid movement to an <br />unlacmed borehole or transmissive (auh: or <br />(2) Within the area of review, the piezometric <br />surface of the Iluid in the injection zone is less <br />than the piezometric surface of the lowermost <br />USDW, considering density effects, injection pres- <br />sures and any significant pumping in the overlying <br />USDW; or <br />(3) Thrre is no USDW present. <br />(4) The Director may approve a site which does <br />not meet tht requiremems in paragraphs fd) (I). <br />(?), or (3) of this section if the owner or opemlor <br />can demonstrate to the Director that because otthr <br />geology, nature of the waste, or other consider- <br />ations, abandoned boreholes or other conduits <br />would not cause endangerment o(USDWs. <br />4146.63 Area of review. <br />For the purposes of Class I haz. rdous waste <br />wells, this section shall apply to the exclusion of <br />§ 146.6. The area of review for Class 1 hazardous <br />waste injection wells shall br a 2-mde mdms <br />around the well bore. The Director may specify a <br />larger area of rcvtew based on the calculated cone <br />of influence of the well. <br />§ 146.64 Corrective action for wells In <br />the area of review. <br />For the purposes of Class I hamrdous waste <br />wells, this section shall apply to the exclusion of <br />§ I~LI 55 and § 146.07. <br />(a) The owner or oprmtor of a Class 1 hazmd- <br />ous waste well shall as pan of the permit applica- <br />tion submit a plan to tht Director outlining the <br />protocol used to: <br />fl) Identify all writs penrlrming the confining <br />zone or injection zone within the area of rcvew; <br />and <br />(?) Deiennine whether wells are adequately <br />completed or plugged. <br />(b) The owner or opermor of a Class I hazard- <br />ous waste well shall identify Ihr location of all <br />wells within the mea of rcvtew that penetrate the <br />injection zone or the confining zone and shall sub- <br />mit as required in ¢ 1A6701a): <br />(I) A mbulmion of all wells wdhin the mea of <br />review That penetmtr Ihr injection zone or the con- <br />fining zont; and <br />(?) A descnplion of each well or type of well <br />and any records of its plugging or completion <br />(c) For wells that the Director determines nee <br />improperly plugged, completed, or abandoned, or <br />(or which plugging or completion information a <br />unavailable, the applicant shall also submit a plan <br />consisting of such steps or modification as arc <br />necessary to prevent movement of Iluids info or <br />between USDWs Where the plan is adequate, the <br />Director shall incorporate it imo the penntt as a <br />condition Where the Dtrcetor's review of an ap- <br />plication indicates that the pemunre's plan is in- <br />adequate (based at a minimum on the factors in <br />pamgraph (e) of this section), the Director shall: <br />(U Require the applicant to revise the plan: <br />(?) Prescribe a plan for corttctive action as a <br />condition of the pemtil; or <br />(?) Deny the application. <br />(d) Reqwrements: <br />(I) Existing injection wells. Any pertnil issued <br />for an existing Class 1 hazardous wale injection <br />well regwring cortrctivr action other than prcssurc <br />limitations shall include a compliance schedule rc~ <br />quiring any cornctive action accepted or pre- <br />scribed under paragraph (c) of this section. Any <br />such compliance schedule shall provide (or com- <br />pliance no Ialrr than 2 years following issuanm of <br />tht permit and shall require observance of appro~ <br />pnate prcssurc limitmions under pamgraph (d)(3) <br />omit all other cortective action measures have <br />betn implemented. <br />(?) New injection wells. No owner or operamr <br />of a new Class I hazardous wash injection well <br />may begin in)ecuon omit all cornctive actions re- <br />quired under this section have been taken. <br />(b The Director may require pressure limua- <br />tions mlieu of plugging ((pressure limitmions arc <br />used in ilia of plugging, the Director shall require <br />as a permit condition that mjtction prcssurc be so <br />limited that pressure m thr injection zone at the <br />site of any improperly completed or abandoned <br />well within Ihr area of review would not be suffi- <br />cient to drive fluids into or between USDWs. This <br />pressure Itmitation shall satisfy the cortective ac- <br />tion requirement. Alternatively, such injection <br />pressure limiinnon may br made pan o(a compli- <br />ance SrlledalC and may be required to be main- <br />tained omit all other required cortective actions <br />have been implemened. <br />(e) In drtrrmin ing the adequacy of corrective <br />action proposed by the applicant under paragraph <br />(q of this section and in drtrmlining Ihr addi- <br />tional steps needed to prevent Ouid movemtm imo <br />and between USDWs, the following cnteria and <br />(actors shall be considered by the Direcor: <br />f q Naure and volume of injected fluid; <br />(?) Nature of nanvt Owds or byproducts of in- <br />jection; <br />(3) Geology; <br />f4) Hydrology, <br />(5) History of the in)tcuon operation; <br />(6) Completion and plugging records; <br />17) Closure prottdurcs in effect at the time the <br />well was closed; <br />17 <br />